Why in the News?

The Ministry of Tribal Affairs (MoTA) has underscored the importance of protecting forest-dwelling communities from unlawful eviction, as mandated by the Forest Rights Act (FRA).

In a recent directive to states, the Ministry emphasized the need for institutional mechanisms to ensure compliance with the law and establish a grievance redressal framework.

What’s in Today’s Article?

• About FRA (Objectives, Key Features, Challenges, etc.)
• News Summary (Govt’s Directives to States)

About Forest Rights Act (FRA), 2006:

• The Forest Rights Act, 2006 (officially known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act) is a landmark legislation aimed at recognizing and securing the rights of forest-dwelling communities in India.
• Key Objectives:
  • Recognition of Rights: To recognize the historical rights of forest-dwelling Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) over forests they depend on for their livelihood.
  • Protecting Livelihoods: Ensuring the sustainable use of forest resources by local communities.
  • Empowering Communities: Granting legal rights to forest land and resources to these communities.
• Types of Rights Recognized:
  • Individual Rights: Ownership and access to forest land for cultivation and habitation.
  • Community Rights:
    • Use of minor forest produce (e.g., bamboo, honey, lac).
    • Grazing rights and access to water bodies.
    • Management and conservation of forests by local communities.
  • Community Forest Resource Rights: Rights to protect, regenerate, and manage forests sustainably.
• Key Features:
  • Ownership of Land: Recognizes land up to 4 hectares per family for cultivation.
  • Protection Against Eviction: Prevents eviction of forest dwellers without proper recognition and settlement of rights.
  • Role of Gram Sabha: Empowers the Gram Sabha (village assembly) to determine the rights of individuals and communities.
  • Conservation Focus: Encourages sustainable management of forests while protecting biodiversity.
• Challenges:
  • Delayed Implementation: Slow progress in recognizing rights across states.
  • Proof of Eligibility: Difficulty in providing documentary evidence by forest-dwelling communities.
  • Conflict with Conservation Laws: Balancing rights with wildlife and forest conservation initiatives.
  • Opposition from Industries: Resistance from industries reliant on forest resources.

Ensuring Rights of Forest:

• The Ministry of Tribal Affairs has underscored the importance of protecting forest-dwelling communities from unlawful eviction, as mandated by the Forest Rights Act.
• The Ministry's action comes in response to multiple complaints from villages located within tiger reserves in states such as Madhya Pradesh (MP), Maharashtra, and West Bengal.
• Residents alleged that they were being pressured to vacate their traditional lands without proper recognition of their rights under the FRA and the Wildlife Protection Act.
  • Madhya Pradesh: In December, 52 Gram Sabhas from the Durgavati Tiger Reserve submitted representations, prompting the Ministry to request the state tribal development department to address these issues.
  • Maharashtra: In October, similar complaints were raised by Rantalodhi village residents in the Tadoba Tiger Reserve.
• These grievances have highlighted the need for greater accountability and adherence to legal provisions in relocation efforts.

Ministry’s Directives to States:

• To address these concerns, the Ministry has instructed state tribal development and forest departments to submit detailed reports on:
  • Villages in Tiger Reserves: Names and numbers of villages located within tiger reserves.
  • Demographic Information: Tribes and forest-dwelling communities residing in these villages.
  • Forest Rights Claims: Data on claims received, vested, and rejected under the FRA.
  • Consent and Compensation: Processes for obtaining free and informed consent of gram sabhas and the compensation plans for relocation.
• The Ministry reiterated that Section 4(2) of the FRA explicitly safeguards forest-dwelling communities by legally recognizing their rights, prohibiting unlawful eviction, and ensuring that resettlements are voluntary and conducted with informed consent.